AOD17 v Minister for Home Affairs [2018] FCA 1853

FEDERAL COURT OF AUSTRALIA

AOD17 v Minister for Home Affairs [2018] FCA 1853 Appeal from: Application for extension of time: AOD17 v Minister for Home Affairs (Federal Circuit Court, No ADG 43/2017, Orders dated 4 June 2018)

File number: SAD 154 of 2018

Judge: BESANKO J

Date of judgment: 23 November 2018

Catchwords: MIGRATION – "appeal" from an order made by the Federal Circuit Court of Australia (FCCA) – where applicant did not appear at the hearing before the FCCA – where FCCA made an order pursuant to r 13.03(1)(c) of the Federal Circuit Court Rules 2001 (Cth) that the applicant's application for judicial review of a decision of the Administrative Appeals Tribunal be dismissed – where order dismissing the applicant's application on the basis of a failure to appear is interlocutory – where necessary for the applicant to obtain leave to appeal – where application for leave to appeal is 11 days out of time – where applicant's "appeal" treated as, in effect, an application for leave to appeal – where application for leave to appeal is brought in respect of an order dismissing the applicant's application for judicial review – where basis of the order was the non-appearance of the applicant – where primary judge did not deliver reasons – where applicant received proper notice of the hearing before the FCCA and there is no dispute that the applicant did not appear – where until hearing before this Court, the applicant had not provided an explanation for his non-appearance – where application for extension of time concerns a period of delay that is not extensive and the first respondent will not suffer prejudice if time is extended – where application for extension of time refused because application for leave to appeal is hopeless – where even if time was extended, leave to appeal was granted, the appeal was allowed and the matter remitted to the FCCA, there is no merit in the application for judicial review